Appellate Division: Second Judicial Department

M85244

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REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-03429 The People, etc., respondent, v Terry Thurman, appellant. (Ind. No. 13234/91)

ORDER TO SHOW CAUSE

Motion by Emmanuel F. Ntaimoah, Esq., counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed March 21, 2006, to be relieved and for the assignment of new counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has, in effect, abandoned the appeal by failing to provide assigned counsel with his current address, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before May 15, 2009; and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court